29 U.S.C. § 3101 — Purposes

Page 820 TITLE 29—LABOR § 3101 Sec. 3163. Within State allocations. 3164. Use of funds for youth workforce investment activities. SUBPART 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES 3171. General authorization. 3172. State allotments. 3173. Within State allocations. 3174. Use of funds for employment and training ac- tivities. SUBPART 4—GENERAL WORKFORCE INVESTMENT PROVISIONS 3181. Authorization of appropriations. PART C—JOB CORPS 3191. Purposes. 3192. Definitions. 3193. Establishment. 3193a. Transfer of administration of Job Corps pro- gram to Employment and Training Admin- istration. 3194. Individuals eligible for the Job Corps. 3195. Recruitment, screening, selection, and as- signment of enrollees. 3196. Enrollment. 3197. Job Corps centers. 3198. Program activities. 3199. Counseling and job placement. 3200. Support. 3201. Operations. 3202. Standards of conduct. 3203. Community participation. 3204. Workforce councils. 3205. Advisory committees. 3206. Experimental projects and technical assist- ance. 3207. Application of provisions of Federal law. 3208. Special provisions. 3209. Management information. 3210. General provisions. 3211. Job Corps oversight and reporting. 3212. Authorization of appropriations. PART D—NATIONAL PROGRAMS Sec. 3221. Native American programs. 3222. Migrant and seasonal farmworker programs. 3223. Technical assistance. 3224. Evaluations and research. 3224a. Job training grants. 3225. National dislocated worker grants. 3225a. Addressing economic and workforce impacts of the opioid crisis. 3226. YouthBuild program. 3226a. Re-enrollment in alternative school by high- school dropout. 3227. Authorization of appropriations. 3228. Worker ownership, readiness, and knowledge. PART E—ADMINISTRATION 3241. Requirements and restrictions. 3242. Prompt allocation of funds. 3243. Monitoring. 3244. Fiscal controls; sanctions. 3245. Reports; recordkeeping; investigations. 3246. Administrative adjudication. 3247. Judicial review. 3248. Nondiscrimination. 3249. Secretarial administrative authorities and re- sponsibilities. 3250. Workforce flexibility plans. 3251. State legislative authority. 3252. Transfer of Federal equity in State employ- ment security agency real property to the States. 3253. Continuation of State activities and policies. Sec. 3254. General program requirements. 3255. Restrictions on lobbying activities. SUBCHAPTER II—ADULT EDUCATION AND LITERACY 3271. Purpose. 3272. Definitions. 3273. Home schools. 3274. Rule of construction regarding postsecondary transition and concurrent enrollment ac- tivities. 3275. Authorization of appropriations. PART A—FEDERAL PROVISIONS 3291. Reservation of funds; grants to eligible agen- cies; allotments. 3292. Performance accountability system. 3293. Educational assistance and training. PART B—STATE PROVISIONS 3301. State administration. 3302. State distribution of funds; matching require- ment. 3303. State leadership activities. 3304. State plan. 3305. Programs for corrections education and other institutionalized individuals. PART C—LOCAL PROVISIONS 3321. Grants and contracts for eligible providers. 3322. Local application. 3323. Local administrative cost limits. PART D—GENERAL PROVISIONS 3331. Administrative provisions. 3332. National leadership activities. 3333. Integrated English literacy and civics edu- cation. SUBCHAPTER III—GENERAL PROVISIONS PART A—WORKFORCE INVESTMENT 3341. Privacy. 3342. Buy-American requirements. 3343. Transition provisions. 3344. Reduction of reporting burdens and require- ments. PART B—MISCELLANEOUS PROVISIONS 3361. References. § 3101. Purposes The purposes of this Act are the following: (1) To increase, for individuals in the United States, particularly those individuals with barriers to employment, access to and oppor- tunities for the employment, education, train- ing, and support services they need to succeed in the labor market. (2) To support the alignment of workforce investment, education, and economic develop- ment systems in support of a comprehensive, accessible, and high-quality workforce devel- opment system in the United States. (3) To improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide America’s workers with the skills and creden- tials necessary to secure and advance in em- ployment with family-sustaining wages and to provide America’s employers with the skilled workers the employers need to succeed in a global economy. (4) To promote improvement in the struc- ture of and delivery of services through the Page 821 TITLE 29—LABOR § 3101 United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers. (5) To increase the prosperity of workers and employers in the United States, the economic growth of communities, regions, and States, and the global competitiveness of the United States. (6) For purposes of parts A and B of sub- chapter I, to provide workforce investment ac- tivities, through statewide and local work- force development systems, that increase the employment, retention, and earnings of par- ticipants, and increase attainment of recog- nized postsecondary credentials by partici- pants, and as a result, improve the quality of the workforce, reduce welfare dependency, in- crease economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation. (Pub. L. 113–128, § 2, July 22, 2014, 128 Stat. 1428.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Workforce Innova- tion and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chap- ter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 113–128, title V, § 506, July 22, 2014, 128 Stat. 1703, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this Act, this Act [see Tables for classification], includ- ing the amendments made by this Act, shall take effect on the first day of the first full program year after the date of enactment of this Act [July 22, 2014]. ‘‘(b) APPLICATION DATE FOR WORKFORCE DEVELOPMENT PERFORMANCE ACCOUNTABILITY SYSTEM.— ‘‘(1) IN GENERAL.—Section 136 of the Workforce In- vestment Act of 1998 (29 U.S.C. 2871), as in effect on the day before the date of enactment of this Act, shall apply in lieu of section 116 of this Act [29 U.S.C. 3141], for the first full program year after the date of enactment of this Act. ‘‘(2) SPECIAL PROVISIONS.—For purposes of the appli- cation described in paragraph (1)— ‘‘(A) except as otherwise specified, a reference in section 136 of the Workforce Investment Act of 1998 to a provision in such Act (29 U.S.C. 2801 et seq.), other than to a provision in such section or section 112 of such Act [29 U.S.C. 2822], shall be deemed to refer to the corresponding provision of this Act; ‘‘(B) the terms ‘local area’, ‘local board’, ‘one-stop partner’, and ‘State board’ have the meanings given the terms in section 3 of this Act [29 U.S.C. 3102]; ‘‘(C) except as provided in subparagraph (B), terms used in such section 136 shall have the mean- ings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); ‘‘(D) any agreement negotiated and reached under section 136(c)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(c)(2)) shall remain in effect, until a new agreement is so negotiated and reached, for that first full program year; ‘‘(E) if a State or local area fails to meet levels of performance under subsection (g) or (h), respec- tively, of section 136 of the Workforce Investment Act of 1998 [29 U.S.C. 2871(g), (h)] during that first full program year, the sanctions provided under such subsection shall apply during the second full program year [probably means beginning July 1, 2016] after the date of enactment of this Act; and ‘‘(F) the Secretary shall use an amount retained, as a result of a reduction in an allotment to a State made under section 136(g)(1)(B) of such Act (29 U.S.C. 2871(g)(1)(B)), to provide technical assistance as described in subsections (f)(1) and (g)(1) of sec- tion 116 of this Act [29 U.S.C. 3141(f)(1), (g)(1)], in lieu of incentive grants under section 503 of the Workforce Investment Act of 1998 (20 U.S.C. 9273) as provided in section 136(g)(2) of such Act (29 U.S.C. 2871(g)(2)). ‘‘(c) APPLICATION DATE FOR STATE AND LOCAL PLAN PROVISIONS.— ‘‘(1) IMPLEMENTATION.—Sections 112 and 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2822, 2833), as in effect on the day before the date of enact- ment of this Act, shall apply to implementation of State and local plans, in lieu of sections 102 and 103, and section 108, respectively, of this Act [29 U.S.C. 3112, 3113, 3123], for the first full program year after the date of enactment of this Act. ‘‘(2) SPECIAL PROVISIONS.—For purposes of the appli- cation described in paragraph (1)— ‘‘(A) except as otherwise specified, a reference in section 112 or 118 of the Workforce Investment Act of 1998 to a provision in such Act (29 U.S.C. 2801 et seq.), other than to a provision in or to either such section or to section 136 of such Act, shall be deemed to refer to the corresponding provision of this Act; ‘‘(B) the terms ‘local area’, ‘local board’, ‘one-stop partner’, and ‘State board’ have the meanings given the terms in section 3 of this Act; ‘‘(C) except as provided in subparagraph (B), terms used in such section 112 or 118 shall have the meanings given the terms in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); and ‘‘(D) section 112(b)(18)(D) of the Workforce Invest- ment Act of 1998 (29 U.S.C. 2822(b)(18)(D)) shall not apply. ‘‘(3) SUBMISSION.—Sections 102, 103, and 108 of this Act shall apply to plans for the second full program year after the date of enactment, including the devel- opment, submission, and approval of such plans dur- ing the first full program year after such date. ‘‘(d) DISABILITY PROVISIONS.—Except as otherwise provided in title IV of this Act, title IV [see Tables for classification], and the amendments made by title IV, shall take effect on the date of enactment of this Act.’’ [The first full program year after the date of enact- ment of Pub. L. 113–128, referred to in section 506 of Pub. L. 113–128, set out above, begins on July 1, 2015, based on section 189(g)(1)(A) of Pub. L. 113–128, which is classified to section 3249(g)(1)(A) of this title.] SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–18, § 1, May 22, 2015, 129 Stat. 213, provided that: ‘‘This Act [amending sections 780, 3112, 3121, 3122, 3141, 3164, 3172, and 3174 of this title and enacting provi- sions set out as notes under sections 780 and 3112 of this title] may be cited as the ‘WIOA Technical Amend- ments Act’.’’ SHORT TITLE Pub. L. 113–128, § 1(a), July 22, 2014, 128 Stat. 1425, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Workforce Innovation and Oppor- tunity Act’.’’ Pub. L. 113–128, title II, § 201, July 22, 2014, 128 Stat. 1608, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘Adult Education and Family Literacy Act’.’’ DECLARATION OF POLICY Pub. L. 102–367, title I, § 101(a), Sept. 7, 1992, 106 Stat. 1022, provided that: ‘‘In recognition of the training Page 822 TITLE 29—LABOR § 3102 needs of low-income adults and youth, the Congress de- clares it to be the policy of the United States to— ‘‘(1) provide financial assistance to States and local service delivery areas to meet the training needs of such low-income adults and youth, and to assist such individuals in obtaining unsubsidized employment; ‘‘(2) increase the funds available for programs under title II of the Job Training Partnership Act ([former] 29 U.S.C. 1601 et seq.) by not less than 10 percent of the baseline each fiscal year to provide for growth in the percentage of eligible adults and youth served above the 5 percent of the eligible population that is currently served; and ‘‘(3) encourage the provision of longer, more com- prehensive, education, training, and employment services to the eligible population, which also re- quires increased funding in order to maintain current service levels.’’ Executive Documents EXECUTIVE ORDER NO. 13845 Ex. Ord. No. 13845, July 19, 2018, 83 F.R. 35099, as amended by Ex. Ord. No. 13853, § 5, Dec. 12, 2018, 83 F.R. 65073; Ex. Ord. No. 13931, § 1, June 26, 2020, 85 F.R. 39455, which established the President’s National Council for the American Worker and the American Workforce Pol- icy Advisory Board, was revoked by Ex. Ord. No. 14025, § 4(a), Apr. 26, 2021, 86 F.R. 22831, set out in a note under section 141 of this title. [Ex. Ord. No. 13931, June 26, 2020, 85 F.R. 39455, which continued the President’s National Council for the American Worker and the American Workforce Policy Advisory Board until Sept. 30, 2021, was revoked by Ex. Ord. No. 14025, § 4(a), Apr. 26, 2021, 86 F.R. 22831.] § 3102. Definitions In this Act, and the core program provisions that are not in this Act, except as otherwise ex- pressly provided: (1) Administrative costs The term ‘‘administrative costs’’ means ex- penditures incurred by State boards and local boards, direct recipients (including State grant recipients under part B of subchapter I and recipients of awards under parts C and D of subchapter I), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of ad- ministrative functions and in carrying out ac- tivities under subchapter I that are not re- lated to the direct provision of workforce in- vestment services (including services to par- ticipants and employers). Such costs include both personnel and nonpersonnel costs and both direct and indirect costs. (2) Adult Except as otherwise specified in section 3172 of this title, the term ‘‘adult’’ means an indi- vidual who is age 18 or older. (3) Adult education; adult education and lit- eracy activities The terms ‘‘adult education’’ and ‘‘adult education and literacy activities’’ have the meanings given the terms in section 3272 of this title. (4) Area career and technical education school The term ‘‘area career and technical edu- cation school’’ has the meaning given the term in section 2302 of title 20. (5) Basic skills deficient The term ‘‘basic skills deficient’’ means, with respect to an individual— (A) who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or (B) who is a youth or adult, that the indi- vidual is unable to compute or solve prob- lems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society. (6) Career and technical education The term ‘‘career and technical education’’ has the meaning given the term in section 2302 of title 20. (7) Career pathway The term ‘‘career pathway’’ means a com- bination of rigorous and high-quality edu- cation, training, and other services that— (A) aligns with the skill needs of indus- tries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or post- secondary education options, including ap- prenticeships registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to individually in this Act as an ‘‘apprentice- ship’’, except in section 3226 of this title); (C) includes counseling to support an indi- vidual in achieving the individual’s edu- cation and career goals; (D) includes, as appropriate, education of- fered concurrently with and in the same con- text as workforce preparation activities and training for a specific occupation or occupa- tional cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that acceler- ates the educational and career advance- ment of the individual to the extent prac- ticable; (F) enables an individual to attain a sec- ondary school diploma or its recognized equivalent, and at least 1 recognized postsec- ondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. (8) Career planning The term ‘‘career planning’’ means the pro- vision of a client-centered approach in the de- livery of services, designed— (A) to prepare and coordinate comprehen- sive employment plans, such as service strategies, for participants to ensure access to necessary workforce investment activi- ties and supportive services, using, where feasible, computer-based technologies; and (B) to provide job, education, and career counseling, as appropriate during program participation and after job placement. (9) Chief elected official The term ‘‘chief elected official’’ means— (A) the chief elected executive officer of a unit of general local government in a local area; and